Sexual Act With a Child Under 10 years of Age is an offence under section 66DC of the Crimes Act 1900, wWhich carries a maximum penalty of 7 years in prison.
To establish the offence, the prosecution must prove beyond reasonable doubt that you intentionally:
‘Sexual act’ is defined as any act, other than sexual touching, which is carried out in circumstances where a reasonable person would consider it sexual.
Matters considered when deciding whether an act is sexual include:
Conduct which may amount to a sexual act includes:
An act is not sexual if it is carried out for a genuine medical or hygienic purpose.
Duress is a defence to the charge.
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